IS IT COPYRIGHTED?
CAN I USE IT?
LAURA JOHNSON & MICHAEL SAUERS
NEBRASKA LIBRARY COMMISSION
(WE’RE NOT LAWYERS)
NLA ANNUAL CONFERENCE
10 OCTOBER 2014
Where is copyright codified?
A) In the U.S Constitution.
B) In the United States Code.
C) In the National Commission on New Technological
Uses of Copyrighted Works (CONTU) guidelines.
D) All of the above.
“The Congress shall have Power To promote the Progress of
Science and useful Arts, by securing for limited Times to
Authors and Inventors the exclusive Right to their respective
Writings and Discoveries”
-- U. S. Constitution Article I, Section 8
Is this presentation copyrighted?
A) Yes, automatically, unless it says otherwise.
B) No, I haven’t seen a copyright symbol or statement.
C) No, governments can’t claim copyright.
I needed an image for my Web site so I found a great
one on Google. I can just use it, right?
FAIR USE CONSIDERATIONS
• Purpose and character of the new work
• Nature of the copied work
• Amount and substantiality of the original work
• Effect upon original work's value
If you use an image or quotation or clip, do you have to
cite the source or give credit?
A) Yes. If you give attribution, then you can use it.
B) Yes. This is a matter of good scholarship and
librarianship, not of copyright.
C) Maybe. If you’re using the material under a Creative
It is legal to read a book out loud at story time.
A) Of course, it’s not like anyone’s suggested otherwise.
B) Yes, because its fair use.
C) Yes, due to a specific exception in the copyright law.
D) Technically no, since it’s an unauthorized public
A patron told you she’s taking home CDs, making copies,
and returning them, what should you do?
A) Nothing. It’s none of my business.
B) Sit them down and have a little chat about copyright,
then let it go.
C) Have that chat and if they keep doing it, cut them off.
May the library use one of the director’s monthly newspaper
columns in our library newsletter?
A) Yes, as long as the library director’s ok with it.
B) No. The newspaper owns the copyright, and the library may not
use the material without permission.
C) Maybe. What does the contract say?
If my library requests a photocopy of a magazine article
through interlibrary loan, may we request another article
from the same issue again in six months?
C) Maybe. How many have you already requested?
May we use a copy of the book cover to put on a flyer for
our book club or on our Web site?
A) No. Not without specific permission.
B) Yes. This falls within the doctrine of fair use.
C) Yes. This is a “useful article.”
May we enlarge one of the illustrations from a book and
paint it on the wall of the children’s room as a mural?
A) No. That’s stealing.
B) Yes. Fair use.
C) Maybe, if the illustration is old enough to be out of
The library may show a movie at a library program.
What is the different between a copyright and a trademark?
A) A copyright is automatic, a trademark must be applied for.
B) The U.S. Copyright Office is part of the Library of Congress, and
the Trademark Office is part of the U.S. Patent and Trademark
C) Copyright protection is the holder’s by right, a trademark must
D) Copyright is more far-reaching than trademark.
E) All of the above.
• Laura Johnson
Continuing Education Coordinator
Nebraska Library Commission
• Michael Sauers
Technology Innovation Librarian
Nebraska Library Commission
What’s a newspaper?
Fair Use:The use of a book cover/jacket and/or brief quotes from the text and/or interior illustrations of a book in conjunction with a valid review of the book on the book page of a publication is within the realm of fair use.
No formal permission is required. The review of the book would of course contain the title, author and publisher of the book as well.
We do appreciate your interest in our publication.
Penguin Group (USA)
*** WHAT COULD HAPPEN ***